CORPUS CHRISTI, Texas — Former Nueces County District Attorney’s Office Felony Chief Kristi Britt filed a lawsuit against recently appointed district attorney James “Jimmy” Granberry and the D.A.’s office Sunday, claiming retaliation and discrimination.
Britt said Granberry demoted her because she is running against him in the 2024 race for the D.A.’s office, creating a “hostile work environment,” in the petition.
An important part of being an American citizen is understanding your constitutional rights, which includes what’s under the fifth and sixth amendments. Both of them include the Miranda rights warning, which makes sure that law enforcement officers are respecting your rights. While it’s unfortunate, it doesn’t always happen. But if this kind of error has occurred, it may be your ticket out of any legal charges.
There are few principles within the complex web of criminal law that are as important as Miranda rights, because they protect the rights of people who are being arrested or interrogated. Understanding the importance of Miranda rights is important, especially within the context of Texas criminal cases.
The Miranda Warning is under the fifth amendment of the United States Constitution, and it guarantees your right to a grand jury. It protects you from being tried twice for the same crime and from making any incriminating statements against yourself. The Miranda Warning also includes the sixth amendment, which gives you the right to an attorney.
The Miranda Warning has its origins from a Supreme Court case in 1966, which is referred to as “Miranda vs. Arizona.” The case centered around Ernesto Miranda, who was arrested in Arizona three years earlier. The Supreme Court made a landmark decision, which required suspects to be informed of their rights listed under the Fifth Amendment (specifically about the one that protects you from self-incrimination). Before this decision was made, a lot of people weren’t aware of their rights during police interrogations. This resulted in a number of coerced confessions and constitutional violations..
These rights must be read to you before you’re taken in for interrogation. If you have ever heard of “pleading the fifth,” these are rights that are referenced in the Miranda Warning. It means that you’re exercising your right to remain silent, and it can be used during your initial interaction with law enforcement up to the time that you’re formally questioned.
The Miranda rights were put in place so you can be protected from making any self-incriminating statements during an interrogation. This gives you the right to not answer questions or to wait until your attorney is present. In Texas, this warning can be broken into the following parts:
If you weren’t read the Miranda Warning before you were formally questioned and there wasn’t a valid waiver of these rights, any statements or confessions you made during the interrogations are considered “involuntary” and can’t be used against you in court. The same is also true for any evidence that was collected because of those statements or confessions.
Police officers in Texas don’t have to read your Miranda rights before they arrest you or when they’re questioning you after they have stopped you based on reasonable suspicion, but they must be read to you before you’re taken into custody for formal interrogation. There are five other situations where the Miranda warning isn’t required, which include the following:
If you were pulled over for swerving, the police officer doesn’t have to read you the Miranda Warning before asking you if you were under the influence of alcohol or drugs. But if you answered “yes” while admitting to drinking and driving, this statement can still be used against you (even if the Miranda rights weren’t read to you before being questioned).
If you’re looking for a criminal defense lawyer in Corpus Christi to help you come up with an effective strategy for your case, be sure to reach out to Gale Law Group. We have a team of people who would be happy to speak with you!
Being charged with a crime can be a terrifying experience. A lot of people feel some uncertainty about what to expect from the criminal justice system and how to navigate the process. It often creates a number of misconceptions and myths about the criminal defense process and criminal defense lawyers, which are often perpetuated by inaccurate depictions of the legal system and a lack of understanding about the details. The criminal justice system consists of a complicated set of laws, procedures, and institutions. So, misconceptions about the system can lead to confusion, fear, and even injustice.
Here are some of the common misconceptions and myths that people have about criminal defense.
A lot of people believe that all criminal defense attorneys are the same, but they come from diverse backgrounds. They will also have varying levels of expertise and experience, which is why finding the right attorney for your case can make a huge difference when it comes to your success.
Experienced criminal defense attorneys will specialize in different areas (such as DUI cases, drug offenses, or white-collar crimes). They will also have knowledge of specific laws, legal strategies, and negotiating skills so they can advocate for their clients. It’s important for you to find a lawyer with the experience and understanding of criminal law, so you can have the right representation.
It’s a common belief that only innocent people should hire a defense attorney, but it doesn’t consider the fact that everyone (regardless of their guilt or innocence) has the right to a fair trial and legal representation. Even if you believe you’re guilty, an experienced defense attorney can help you to navigate the criminal defense system, negotiate plea bargains, and present any “mitigating factors” that can reduce the severity of the charges or the resulting penalties.
Defense attorneys can also act as “safeguards” that can protect you from a wrongful conviction. They can scrutinize the evidence, challenge the prosecution’s case, and make sure your constitutional rights are being protected. So regardless of your guilt or innocence, you need to have a qualified attorney by your side. That way, you can get fair treatment within the criminal justice system.
Another common myth is that defense attorneys are completely focused on manipulating the legal system to help criminals evade justice, but they play an important role in upholding its principles and protecting the rights of their clients. Defense attorneys serve as “advocates” for the interests of their clients. They will also make sure the prosecution follows due process, respects constitutional rights, and presents evidence that follows the right legal standards.
Their main goal is to make sure the process is fair, that evidence is put to proper scrutiny, and that any mitigating circumstances are taken into consideration while the sentence is given. By making sure the rights of defendants are being protected, defense attorneys can keep the integrity of the criminal justice system intact by making sure justice is served for everyone involved.
A lot of people believe that public defenders (who are appointed to defendants who aren’t able to afford private attorneys) aren’t as effective. While they often have to deal with heavy caseloads and limited resources, it doesn’t mean they’re less competent or effective. Public defenders are skilled professionals with a solid understanding of the criminal justice system, and they often have a great deal of trial experience. So, they can provide competent representation for their clients.
Private attorneys may have access to more resources, but it doesn’t mean you’ll have a better outcome. Public defenders are motivated by a genuine commitment to justice, and their work plays an important role in making sure people have access to legal representation (especially if they can’t afford private counsel). Effective representation isn’t just determined by the attorney’s employment status. Their skills, experience, and dedication to their clients are just as important.
A lot of people believe that good lawyers always win cases, but it’s an oversimplification of the legal process. The success of a case can depend on a number of factors, which can include the following:
There can also be a number of other unpredictable circumstances that can affect the outcome of the case. While criminal defense lawyers do what they can to get the best possible outcome for their clients, winning every single case isn’t always feasible because of the complexities within the legal system.
If you’re looking for a criminal attorney in Corpus Christi, Texas to help you with your case, be sure to reach out to Gale Law Group.
If you have been arrested, it’s normal to worry about the possibility of a criminal conviction. But most people don’t worry about their immediate future. Anyone who has been arrested is presumed innocent until he or she has been proven guilty. But if you want to improve your chance of getting a favorable outcome, you need to avoid making certain mistakes.
You may think you know what to do after you have been arrested and that you can continue with your normal activities. You may even have some ideas on how to avoid the legal process, but the consequences of some of these mistakes can make your situation worse.
Here are some mistakes you should avoid once you have been arrested.
When the arresting officer tells you that “you have the right to remain silent,” you should take it seriously. You have a legal obligation to answer any questions being asked from police officers about personal details (such as you name), but you don’t have to give them any information about the criminal charges of which you have been suspected. As the Miranda line says, “Anything you say can and will be used against you.” So no matter what the police ask you about the case, exercising your right to remain silent will always be in your best interest.
In the 24 hours that the police are legally allowed to keep you in custody without filing criminal charges, you will most likely be questioned because that’s what cops do. Not saying anything at all will be your best strategy, but the police are trained in getting you to say something that they can use against you. That’s why you should never talk to them without having a lawyer present. That way, you’ll have someone to give you advice on the questions you should answer and the ones you should ignore. A lawyer can also question or block any attempt to get you to submit to breath, blood, or DNA tests without a court order. You should never agree to any of these tests unless your lawyer says it’s okay.
While everyone has the right to represent themselves in court, most people don’t because their knowledge of the law would be superficial at best. If you want to get the best possible outcome, you will need to hire a criminal defense attorney (preferably someone who has experience in cases similar to yours).
You should never forget or intentionally miss a court date. You may be out on bail, but a judge can make any immediate order for your re-arrest if you don’t show up, which can hurt your case.
One of the best ways to sabotage your case is to disrespect the court that has been assigned to hear it. There are many forms of disrespect, and being impolite or discourteous to the judge is one of them. Showing up badly groomed and in shabby clothing is another one. If you show any kind of hostility toward the judge, you’ll be charged with contempt of court. You always want to look presentable and be on your best behavior when you’re in front of a judge.
You can post whatever you want on social media, but anything you post on Facebook and Twitter will be used against you. The judge can order you to show any public posts and private messages that may be relevant to your case. It’s a good idea to stay off of social media until your case has been closed.
You should never call or visit your accuser, because it could be seen as an attempt to intimidate the person who is putting the crime on you. And it can be used against you.
There aren’t too many things that are worse than getting arrested while you’re on trial for another criminal charge. Your most recent arrest may not have anything to do with your current case. But if you’re convicted on the first charge, the judge may consider your second arrest while drawing up your sentence. You may end up missing out on some more lenient penalties (such as diversion programs for first-time DUI offenders), because the judge may not feel compelled to give them to you.
If you have been arrested for an alleged crime and you’re looking for a criminal defense attorney in Corpus Christi to help you with your case, be sure to get in touch with the Gale Law Group.
Nueces County District Attorney Mark Gonzalez announced he will run against U.S. Sen. Ted Cruz in a YouTube video Tuesday.
Read the full story:
A criminal defense attorney plays an important role in protecting the rights and freedoms of people who have been accused of committing a crime. Criminal defense attorneys are responsible for representing their clients throughout the legal process — from pre-trial investigations to courtroom proceedings. Their main goal is to make sure their client’s constitutional rights are being protected by advocating for the best possible outcome.
The primary responsibilities of a criminal defense attorney include:
A criminal defense attorney must also be able to communicate with their clients, so they understand the nature of the charges that have been filed against them and what options they have available under the law. The importance of having good legal representation during criminal proceedings can’t be emphasized enough, because it can mean the difference between being acquitted or convicted of a crime.
Here is a more detailed list of what a criminal defense attorney is responsible for.
The primary responsibility of a criminal defense attorney is to protect the constitutional rights of their clients by making sure that the authorities respect and abide by these rights throughout every part of the process — from the arrest to the sentencing. He or she must also make sure their Fifth Amendment right against self-incrimination (which prohibits them from forcing confessions from defendants), as well as their Sixth Amendment right to legal counsel.
Criminal defense attorneys must know how law enforcement agencies conduct their investigations and collect evidence, so they can find any violations of their client’s Fourth Amendment rights. They must also be able to scrutinize reports and to question witnesses during pre-trial hearings or depositions. The purpose of this process is not only to uncover any exculpatory evidence but to also suppress any evidence that has been gathered through what is referred to as an “illegal search and seizure.”
Investigating charges and analyzing evidence is an important responsibility for criminal defense attorneys, which requires a detailed understanding of the legal system and the ability to look at every part of a case with a critical eye. The purpose of this process is to look for any weaknesses or inconsistencies in the prosecution’s case, so they can be used to get their client a more favorable outcome.
The first thing they must do it gather any relevant information about the case, which can include but may not be limited to:
They must also look for any other documentation that may be available. Once this first step has been completed, they will carefully analyze every piece of evidence for any contradictions or discrepancies before coming up with a defense strategy.
A plea deal refers to an agreement that has been made between the defendant and the prosecutor on a specific charge, and being able negotiate them is an important job for a criminal defense attorney. A plea deal will usually lead to reduced charge or sentence for the person being accused. It can be initiated by either party, but they usually involve both attorneys who are discussing options that can benefit their respective clients.
The advantage of negotiating a plea deal is that it can avoid the uncertainties that can come from a trial, which can include being found guilty or innocent. Trials can be expensive, time-consuming, and emotionally draining for everyone involved. If defendants are convicted at trials, the consequences can be more severe. This can include prison time, hefty fines, and a host of other penalties.
This part of the legal process can be daunting for attorneys and their clients because it involves presenting evidence, cross-examining witnesses, and making persuasive arguments to convince the judge or jury of their client’s innocence. To prepare for a trial, criminal defense attorneys must do an extensive amount of research on the case. They must look at all available evidence, so they can come up with a strong defense. They must also work with private investigators or expert witnesses who specialize in certain areas (such as DNA analysis or accident reconstruction).
During the trial, criminal defense attorneys are responsible for looking out for the best interests of their clients. This can include questioning witnesses that have been presented by the prosecution, objecting to improper evidence or testimonies, as well as coming up with compelling opening and closing statements that summarize their client’s version of events.
If you’re looking for the best criminal defense attorney in Corpus Christi to help you with your case, be sure to get in touch with Gale Law Group.
Having a criminal record can lead to a number of consequences — whether it’s for being arrested, convicted, or both. Employers and landlords will usually ask applicants if they have ever been convicted or even arrested for a criminal offense, and they may not want to hire or rent to you if you answered “yes” to this question. There is, however, some good news. In some cases, you might be able to get this arrest or conviction expunged from your record.
Expungement refers to the process of sealing an arrest, conviction, and other related records from being viewed by the public, and practically every state has laws that allow people to do this (though the specifics can vary from state to state). Once the arrest or conviction has been expunged, it doesn’t have to be disclosed to anyone (including prospective employers or landlords).
There are two ways that you can get your criminal record sealed in the State of Texas:
According to Section 55.02 of the Texas Code of Criminal Procedures Act, an order to expunge all your criminal records can lead to the destruction of any files that reference a crime, arrest, or punishment. Once it has been expunged, it has been removed from public records. But some agencies (such as the Department of Homeland Security) may still know about the crime.
A non-disclosure order will seal those records and keep it away from public view, but they can still be accessed by law enforcement agencies. Section 411.081(d) of the Texas Government Code allows a non-disclosure petition to be filed on a deferred adjudication in cases where a guilty plea was entered, but you must have completed your probation to be eligible for it.
Section 55.01 of the Texas Code of Criminal Procedure lists the eligibility requirements for expunging your criminal records. You can get an expungement in Texas if:
There are some criminal convictions (such as being in prison for a DWI offense) that can’t be expunged, and the same is true for a straight probation. A deferred adjudication is only available for Class C misdemeanors. You can, however, ask for a non-disclosure on Class A or B misdemeanors and felonies.
There are a number of circumstances that can disqualify you from an expungement in Texas. With some exceptions, you won’t be able to get your criminal record expunged if you were convicted of a felony (which is one of the many consequences of this type of conviction). But regardless of the situation, there are certain crimes that can’t be expunged from your record.
Most crimes that involve children, sexual assault, and acts of violence are not eligible for record sealing in the State of Texas. Some of them can include but may not be limited to:
Be sure to speak to a qualified attorney for more information.
Once you make a petition to have your record expunged in Texas, you will have to appear in court for a hearing that will usually be held one month after you have made your initial filing. The court can give you the expungement, but it can take up to six months for them to make a decision. Once the court has granted the expungement, it usually takes up to 180 days for local, state, and federal agencies to destroy the records.
If you want to get your criminal record expunged and are looking for the help of a criminal defense attorney in Corpus Christi, be sure to get in touch with Gale Law Group.
The 87th Texas Legislature (which took place in 2021) included a number of changes to Texas Criminal Law, which was a bit of “mixed bag.” The previous article listed five of them, but here are some more changes to Texas Criminal Law that came from the 87th Legislature.
HB 1925 was signed on June 15 and made camping in an unauthorized public place in Texas a Class C misdemeanor, which can lead to a fine of up to $500. The bill effectively criminalizes homelessness, but it does say that an officer must make a reasonable effort to redirect homeless people to any available resources (such as non-profit agencies) before or at the time he or she issued the citation. If the person is arrested or detained for this type of offense, law enforcement must also make sure that all of his or her property is preserved.
HB 54 was signed on May 26, and it prohibited law enforcement agencies from authorizing a person to accompany and film a peace officer while he or she is acting in the line of duty for the purpose of producing a reality television show. This is also referred to as “Javier Ambler’s Law” in honor of a 40-year-old black man who was tasered by Williamson County deputies. And it bans law enforcement agencies from contracting with shows (such as “COPS” and “Live PD”). It was Live PD that captured Ambler’s deadly encounter with Williamson deputies, but it was never aired.
SB 1056 was signed on June 18 and made it a Class A misdemeanor to falsely report a crime or emergency to elicit a faster response from law enforcement or other emergency responders. A Class A misdemeanor is punishable by up to a year in jail and a fine of $4,000. But the crime can be upgraded to a state jail felony, which is punishable by six months to two years in a state jail.
If you have already been convicted twice for this offense, it will be considered a third-degree felony (which is punishable by 2-10 years in prison). This is especially true if someone has been seriously injured or killed because of the emergency response. The court can also order you to make restitution payments or reimburse any costs associated with the emergency response.
SB 149 was signed on June 14, and it made it a Class B misdemeanor to fly a drone over airports or military facilities. This bill expanded the definition of what are considered to be “critical infrastructure facilities” to include public or private airports that are recognized by the FAA, military installations that are owned and operated by the federal or state government, or any other government entity. A Class B misdemeanor is punishable by up to 180 days in jail and a fine of up to $2,000.
SB 1495 was signed on June 18 in an effort to crack down on reckless and dangerous driving exhibitions and street racing. Lawmakers added the definition of “reckless driving exhibition” to the Texas Penal Code and increased the penalties for people who participate in these types of events.
Obstructing a highway or passageway by participating in a driving exhibition is a Class A misdemeanor, which is punishable by up to a year in jail and a fine of up to $4,000. The crime is upgraded to a state jail felony if any of the following apply:
The bill also made it a Class B misdemeanor to interfere with a peace officer investigation of highway racing or any reckless driving exhibition.
SB 162 was signed on May 30 and is also referred to as the “Lie and Try” bill. It is now a state jail felony for someone who is prohibited from possessing a firearm to lie on a background check form and is punishable by six months to two years in a state jail facility. The bill was filed in response to the 2019 Walmart Shooting in El Paso, which led to the deaths of 23 people. The Texas Safety Action Report that was written after the incident said that approximately 100,000 people lie on a firearms background check every single year.
If you have been charged with any of these crimes and are looking for a criminal defense attorney in Corpus Christi to help you with your case, be sure to get in touch with Gale Law Group.
The 87th Texas Legislature was held from Jan 12, 2021 to May 31 of that same year. This included both the Texas Senate and House of Representatives. A number of issues were discussed, but some of them led to a “mixed bag” of new criminal laws. Here are some of the new changes that resulted from this legislative session.
Starting September 1, any Texans over the age of 21 can carry a handgun in public without having a license or training. Also called HB 1927, it eliminated the need to have a license to carry if they’re not prohibited from having a gun in their possession by state or federal law. This piece of legislation also made a number of other changes and additions to the Texas Penal Code with regard to firearms. Some of them included the following:
The law will allow a peace officer to disarm someone at any time if he or she believes it to be necessary for the protection of that person, the officer, or some other individual. The officer must, however, give the handgun back before leaving the scene if it was determined that the person in question was not a threat and didn’t break the law. It will also allow people who had convictions for unlawfully carrying a weapon before September 1, 2021 to have their records expunged.
HB 9 made it a state jail felony to knowingly block any emergency vehicles with their lights and sirens on. It also made it illegal to knowingly block access to a hospital or health care facility. This crime is classified as a state jail felony that’s punishable by six months to two years in jail and a fine of up to $10,000. Anyone who is convicted of this crime must spend at least 10 days in jail, even if he or she was given probation. The bill was passed in response to protestors who were blocking roadways during the nationwide protests against police brutality.
HB 1156 created a new offense with regard to the financial abuse of the elderly. People commit this crime if they “knowingly engage in the wrongful taking, appropriation, obtaining, retention, or use of money or other property of an elderly person” in any way. This includes any type of financial exploitation. This type of crime can have a range of punishments from a Class C misdemeanor to a first-degree felony (depending on the amount of money or property that was taken), and it was passed in response to the growing number of Texas seniors who fell victim to scams, frauds, and exploitations every single year.
HB 1400 made it illegal to impersonate a private investigator who is licensed by the Texas Department of Public Safety and deals with highly personal and sensitive issues. People commit this crime if they do it with the intention of inducing someone to submit to the person’s pretended authority or to rely on his or her pretended actions. They also commit this offense if they knowingly exercise any function as a licensed investigator. Impersonating or purporting to be a private investigator is considered a Class A misdemeanor that can result in up to a year in jail and a fine of up to $4,000.
The State of Texas had made no previous distinction between prostitution and the soliciting of prostitution. Prostitutes and what are called “Johns” could both face misdemeanor charges, so they faced equal punishments. All of that changed in September 2021 with HB 1540, which was signed on June 16. It made Texas the first state to make soliciting prostitution a state jail felony. This new law means that “Johns” could face harsher punishments than those who are offering sexual services.
A state jail felony is punishable by six months to two years in a state jail and a fine of up to $10,000. This new law was part of a number of legislative measures that were taken in an effort to crack down on human trafficking. In addition to raising the penalties for soliciting prostitution, HB 1540 implemented a series of other measures. One of them was making human trafficking a first-degree felony if the person performing the action recruited, enticed, or obtained the victim from a shelter or treatment center for runaways, foster children, and the homeless (among others).
If you’re facing criminal charges in Texas and are looking for a criminal defense attorney in Corpus Christi to help you with your case, be sure to get in touch with Gale Law Group.
A trial date has been set in the civil suit seeking the removal of Nueces County District Attorney Mark Gonzalez.
Read the full article https://www.kristv.com/news/local-news/trial-date-set-for-civil-case-seeking-removal-of-district-attorney-mark-gonzalez
